Mountain Side HOA Code Violation Inspections

Owners of units D-317, G-206 and E-279 have received a code violation notice stemming from code violation inspections conducted by the Mountain Side Condominium Association HOA Number 24048. You may find the complete information regarding these violation allegations here.

Correspondence HOA/D317/E279/G206

If you have also received a similar notice and believe that you are not in violation of any HOA rules or building code, feel free to share your information with other owners.

18 Responses to Mountain Side HOA Code Violation Inspections

  1. admin says:

    Last April, owners of D-317, G-206 and E-279 have asked that photographs and documentation of code violation noted be forwarded to them as they believed that the code violation noted were incorrect. Neither PCLMM Inc., dba Mountain Managers nor Mountain Side Condominium Association HOA-24048 board members replied to the request. During the Annual Meeting that took place on September 1, 2012, Phil Wells, owner of PCLMM Inc., dba Mountain Managers, and HOA-24048 board members said that they did not receive such request. Phil Wells confirmed that photographs of all code violations were indeed taken prior to notices being sent and said that he would forward them to owners.

    • Tabasco says:

      Has PCLMM Inc. dba Mountain Managers, Mr. Wells or the BOD replied as they assured, on the record, that they would?

      We would be interested in seeing the photos posted on this site as well as a list of all noted and identified violations that were sent to owners.

      Thank you……

  2. Tabasco says:

    We would also be interested in seeing all follow-up correspondence that has been sent to the board, and to Mr. Wells specifically, that has not been acknowledged and responded to.

    Thanks again……

  3. admin says:

    G-206, D-317 and E-279 owners were promised a response by next week. See below:

    On Sat, Sep 1, 2012 at 4:38 PM, joelle miller wrote:

    Hi Phil,
    It was a pleasure meeting you today. I was glad to hear that the board is committed to resolving these code violations as soon as possible.
    Would you kindly provide copies of the photographs that were taken by Will when he entered our units as well as the date/time of his entries?
    Even though we requested this information numerous times, we never received it.

    Would you also share the detailed minutes of the meeting that took place on 08/25/2012 which addressed code violations specifically? I have not been able to find them.
    Thank you.
    Joelle Miller

    From: joelle miller
    Date: Friday, September 7, 2012 12:56 PM
    To: Phil Wells

    Subject: Fwd: Code violations – Mountain Side
    Hi Phil,
    Since I have not heard back from you with respect to my previous communications, I would like to make sure that you have received my email request sent on 09/01/2012 requesting the photos of the alleged illegal bathroom taken by Will, resident manager, during the code violation inspections conducted in December of 2011.

    We originally requested this information on April 16, 2012 both via registered mail and email to your office but never received a response. Please see copy of letter attached. And then again during the HOA meeting on September 1, 2012 when you and the board assured me that you would provide me with those photos.

    In addition, I would like to receive the list of all other units that were “flagged” as having violated code. I would like to be able to contact those owners since we share ownership in the same HOA some of the same code violation allegations .

    Please respond to this request as we would like to resolve this issue ASAP.
    Thank you!
    Joelle Miller
    E-279, D-317 and G-206

    From: Date: Fri, Sep 7, 2012 at 2:26 PM
    Subject: Re: Code violations – Mountain Side
    To: joelle@goinghigh.com
    Cc: hadley@mountainmanagers.com

    Joelle,
    Sorry for not responding sooner. I am trying to get the information you requested together. Will had most of this and with him gone I don’t have everything yet. You will get a definitive response next week. Sorry for the delay.
    Phil

    • Tabasco says:

      It was my understanding that the Mountain Side Condominium Association Board of Directors (HOA-24048) were provided with those photos and documents as they were what the board used to determine that code violations existed. This was communicated to the association owners and members in detail and on the record at the September 1, 2012 HOA meeting. Shouldn’t the board have the photos and documents close at hand if they were recently used to allege violations?

      The Mountain Side Condominium Association (HOA-24048) Board of Directors and PCLMM Inc. dba Mountain Managers, Inc. owe a duty to association owners and members to securely and confidentially maintain accurate HOA records. Hopefully they have.

  4. Tabasco says:

    From: Terry
    Sent: Friday, September 07, 2012 1:32 PM
    To: allenhj@msn.com ; ethangibson@hotmail.com ; ehan.gibson@state.co.us ; bjm1919@aol.com ; wmeek@sedgick.gov ; oldrockhound@quest.com ; oldrockhound@q.com

    Subject: FW: Code violations – Mountain Side

    Dear MountainSide (Condo) Board of Directors,

    Please see the below and attached correspondence for the HOA record.

    The below email constitutes our third attempt to obtain photos and information since April, 2012 and at least our fifth since late 2011. We are making every effort to assist the board in reaching resolution however our correspondence and requests for promised information have thus far gone unacknowledged and unanswered.

    Please assist us in this matter as is the BOD’s duty and as we were assured the BOD would at the recent HOA meeting.

    Additionally, we have requested an updated and current list of individual board members and contact information but likewise, have not received that information. With that in mind, please understand that this email is addressed to those members and email addresses posted on the MountainSide website and therefore may be incorrect or outdated. Please advise the current and correct information. You are also welcome to post that information on our website located at http://mountain-side.com/owners where many MountainSide owners visit regularly and would likewise have convenient access to the current and accurate information.

    You may contact me directly via email or phone at the numbers below any questions. Or you may also contact my wife.

    Thank you and kindest regards,

    Terry
    Owner MountainSide Condos: D-317, E-279 and G-206

  5. Tabasco says:

    From: Terry
    Sent: Monday, September 10, 2012 5:40 AM
    To: oldrockhound@q.com; allenhj@msn.com; ethangibson@hotmail.com; ethan.gibson@state.co.us; bjm1919@aol.com; wmeek@sedgick.gov
    Cc: Joelle
    Subject: Follow-up FW: Code violations – Mountain Side

    Dear Mountain Side Condominium HOA Board of Directors,

    In the interest of transparency and for the HOA record, I am forwarding the following response received from Mr. Wells in order that the BOD will have all information pertaining to the alleged code violations lodged by the BOD against us.

    Requested and promised are:

    Photographs of alleged violation
    Documents used by the BOD to determine violation
    Complete list of owners that received violations

    Thank you for your quick prompting of a response from Mr. Wells and we look forward to receipt of the photographs and documents from Mr. Wells this week as promised in his email below.

    Best regards,

    Terry
    http://www.mountain-side.com/owners/

  6. Tabasco says:

    Reply from William Meek

    ——Original Message——
    From: Meek, William
    To: Terry
    Cc: phil@mountainmanagers.com
    Cc: Allen, Herb
    Cc: Burger, Art
    Cc: Cacace, Don
    Cc: Gibson, E.J.
    Cc: Lembke, Bob
    Cc: Meek, William
    Cc: Ponds, Scott
    Subject: RE: Resend for Erroneous Address – FW: Code violations – Mountain Side
    Sent: Sep 10, 2012 12:19 PM

    Mrs. Miller We need to get this resolve I am instructing Phil to meet with you at each unit and inspect with you to resolve this matter. That is the best way to resolve the matter and fastest I have taken at your word that no washer or dryers or ½ or full bath. The Inspection will resolve this. If the manager are giving the Board bad Information You will have my deepest apology. We will deal with the problem

    • admin says:

      Owners’ response sent on 09/10/2012

      ———- Forwarded message ———-
      From: joelle miller
      Date: Mon, Sep 10, 2012 at 9:56 PM
      Subject: Code violations – Mountain Side
      To: wmeek@sedgwick.gov
      Cc: bjm1919@aol.com, sponds@yahoo.com, boblembke@unitedwaterdistrict.com, Ethan Gibson , dcacace@chatfieldconsulting.com, artburger@comcast.net, allenhj@msn.com, phil@mountainmanagers.com, ptp100@comcast.net, Terry Miller

      Mr. Meek,

      Thank you for your email.

      During the last annual meeting that took place on 09/05/2012, Mr. Wells said that he instructed the former resident manager, Will Woodard, to enter each unit at Mountain Side and take pictures of any code violations he could find. He publicly indicated that he received pictures taken by Will, which showed a bathroom in the loft of our condo, D-317. He said that the pictures received from Will during his visits in all units were used by the board to compile a list of owners/units who violated building code. Mr. Wells’ explanation was followed by strong quasi deposition-like accusatory questioning conducted by you regarding our alleged illegal bathroom which was made to publicly embarrass me.

      We purchased unit D-317 in 2002 and there has not been an illegal bathroom in this unit at any time during our ownership. This is the reason why Mr. Wells is unable to produce the pictures he claimed he has in his possession.

      A bathroom was built by a previous owner and was removed prior to us purchasing the unit. Since our purchase, we have been using this empty space as storage.

      In order to facilitate the resolution of this issue, I have attached a photo showing our loft storage in lieu of the bathroom that was removed prior to our purchase in 2002.

      If you do not deem that this photo is sufficient proof, please let us know and we will arrange a time to meet with you and Mr. Wells in our condo and show you our storage area.

      Although we have provided the attached photo, we are still demanding that Mr. Wells provide those photos and documents as he has gone on the record relative to the possession, process, procedure and use of said photos and documents and their use to allege code violations.

      Please understand that had the Board or Mr. Wells simply asked us about the existence of a bathroom in the loft, we would have been happy to explain as we are now.

      With respect to your questions regarding the W/D, I’m somewhat confused in that we never said that we didn’t have a W/D. We provided all available relevant information to Mountain Managers and the HOA Board of Directors on 06/04/2012. We have also discussed in person and provided the same documentation to Rick Weinman, building official for the Town of Frisco. We even asked him to schedule a code inspection. He declined our request saying that the building department doesn’t do these types of inspections.

      Copies of our correspondence can be found here: http://mountain-side.com/docs/hoa_documents/HOA_Violation_citation_317_206_279.pdf.

      The above linked correspondence that we provided to the board, which included many hours of research in the building department and additional costs associated with copying the documents, was never acknowledged nor responded to by the board or by Mr. Wells. I urge you and all other board members copied on this correspondence to read the linked response closely and carefully as it also contains building information previously indicated lost by Mr. Gibson and historical communications with previous managers and board members.

      Perhaps after reading our response, you would also take a few minutes to read some additional information we learned during our research at http://mountain-side.com/owners/?page_id=120

      Thank you and kindest regards,
      Joelle Miller
      D-317, E-279 and G-206
      Attach.: picture of storage area

      • admin says:

        Received from William Meek

        ———- Forwarded message ———-
        From: Meek, William
        Date: Tue, Sep 11, 2012 at 11:31 AM
        Subject: RE: Code violations – Mountain Side
        To: joelle miller
        Cc: “phil@mountainmanagers.com” , “Allen, Herb” , “Burger, Art” , “Cacace, Don” , “Gibson, E.J.” , “Lembke, Bob” , “Meek, William” , Pete , “Ponds, Scott” , Smith

        MRS. Miller

        I have going to take you up on your offer for Phil and I to inspect your units. Unfortunately the earliest that I can do it is November 9 at 12:00 if that meets with your approval. If not we might be able to get a new board member to do the inspections at your convenience.

        • admin says:

          sent on 09/12/2012
          ********************

          From: joelle miller
          Date: Wed, Sep 12, 2012 at 8:30 AM
          Subject: Re: Code violations – Mountain Side
          To: “Meek, William”
          Cc: “phil@mountainmanagers.com” , “Allen, Herb” , “Burger, Art” , “Cacace, Don” , “Gibson, E.J.” , “Lembke, Bob” , “Meek, William” , Pete , “Ponds, Scott” , Smith , Terry Miller

          Mr. Meek,

          We prefer not to wait until November in order to resolve this. Since the picture provided in the previous email didn’t satisfy you, we will be happy to show our empty space used as storage in the loft of D-317 in person to Mr. Wells and another board member this week. Please make arrangement to meet this coming Friday, September, 14, 2012. First thing in the morning would be preferred. Please let us know what time is convenient.

          Based on the information that was shared by Mr. Wells through prior correspondence, we know that Will Woodard inspected our units in August of 2011 and again in December of 2011. Because the inspection conducted in August 2011 was made without our prior knowledge or authorization and because our repeated requests for information regarding entries conducted by HOA board members and Mountain Managers employees in our units have remained unanswered, we believe that other similar “code violation inspections” have likely been conducted in addition to the ones documented above and therefore we will not agree to any additional “inspections”.

          Viewing the loft area in D-317 will resolve the illegal bathroom allegations and confirm our credibility. Please ask Mr. Wells to bring copies of all documents he said he was going to share with us to this meeting so that we have an opportunity to review and ensure that all information is accurate and credible as well.

          Regarding the W/D noted on the code violation notice received on March 31, 2012, we submitted an initial response on April 16, 2012 and again on June 04, 2012 and have yet to receive acknowledgment or a response from the HOA or Mountain Managers. We are positive that once these documents are addressed, we will come to a resolution as well.

          I am looking forward to meeting soon,

          Cordially,

          Joelle Miller

        • Tabasco says:

          Clearly this does not constitute an emergency as the HOA-24048 president, Mr. Meek, is offering to conduct an inspection nearly 60 days out.

  7. Tabasco says:

    Received on September 12, 2012 12:45 PM – Response to Loft Inspection Email Received from William /Bll Meek and Copying Phil Wells.

    ———- Forwarded message ———-
    From: Meek, William
    Date: Wed, Sep 12, 2012 at 12:45 PM
    Subject: Re: Code violations – Mountain Side
    To: joelle, “phil@mtnmanagers.com”

    Phil and EJ can you set this up

  8. Tabasco says:

    Received on September 13, 2112 10:07 AM – Response to previous offer to show loft storage.

    From: phil@mountainmanagers.com [mailto:phil@mountainmanagers.com]
    Sent: Thursday, September 13, 2012 10:07 AM
    To: joelle; wmeek@sedgwick.gov
    Cc: allenhj@msn.com; artburger@comcast.net; dcacace@chatfieldconsulting.com; ethangibson@hotmail.com; boblembke@unitedwaterdistrict.com; bjm1919@aol.com; ptp100@comcast.net; sponds@yahoo.com; sdsmith4u@hotmail.com; tmiller
    Subject: Re: Code violations – Mountain Side

    Mrs. Miller,

    EJ Gibson and I can meet with you tomorrow morning at 9am. We would like to see D-317 and E-279, it should only take a few minutes. Let me know where would you like to meet.

    Thank you,
    Phil Wells

  9. Tabasco says:

    Response to email received on September 13, 2012 at 10:07 AM

    From: Terry
    Sent: Thursday, September 13, 2012 11:16 AM
    To: ‘phil@mountainmanagers.com; ‘wmeek@sedgwick.gov’
    Cc: ‘allenhj@msn.com.; ‘artburger@comcast.net; ‘joelle@goinghigh.com; ‘dcacace@chatfieldconsulting.com; ‘ethangibson@hotmail.com; ‘boblembke@unitedwaterdistrict.com; ‘bjm1919@aol.com; ‘ptp100@comcast.net; ‘sponds@yahoo.com’; ‘sdsmith4u@hotmail.com

    Subject: RE: Code violations – Mountain Side

    Dear Mr. Wells and Mountain Side Condominium HOA Board Members,

    We have made every effort to be reasonable and have been very clear in our previous communications.

    Our units have been inspected by the HOA and Mountain Managers, Inc. multiple times in the past both legally and illegally. We have shown our willingness to work with the board to resolve the illegal bathroom allegations by providing a picture and allowing you to view the space in the loft. We also have responded to all your written requests in a timely manner and have provided all written documentation we have available from historical communications and from the building department.

    We are no longer willing to agree to any new and harassing requests to further re-inspect our units for any reason, including the loft storage in D-317, until you provide us with all the information we have requested multiple times since 04/16/2012.

    Once you provide us with this information and explain in detail the code violations we are accused of, we will readdress the allegations, contact the building department and request an official inspection from them.

    Best regards,

    Terry and Joelle Miller
    Owners: E-279, D-317, G-206

  10. admin says:

    From: joelle miller
    Date: Fri, Sep 21, 2012 at 1:23 PM
    Subject: Mountain Side Code violation information request
    To: “Meek, William” , “Cacace, Don” , “Allen, Herb” , “Wells, Phil” , “Burger, Art” , “Lembke, Bob” , Ethan Gibson , “Ponds, Scott” , “Pfeiffle, Pete” , “Smith, Steve”
    Cc: Barry Meinster

    Dear Board of Directors,

    As of today, September 21, 2012, we still have not received the records and pictures we have requested multiple times regarding the alleged illegal bathroom in loft (D-317) noted in the code violation notification received on March 31, 2012.
    If you have any questions regarding this or would like to submit the requested information, please contact our attorney, B. M., directly.

    His contact information is as follows:
    B.M.——-,
    M & Associates, PC
    PO Box
    303———-
    Fax 303———-

    Thank you.

    Joelle and Terry Miller
    Owners, D-317

  11. admin says:

    On Tue, Sep 25, 2012 at 6:37 AM, Meek, William wrote:

    Mrs. Miller may I please call you . Would you please give me your phone number?

    As you know, this inspection problem has gotten out of hand. I think you and I can get this matter resolved. I would still like to meet with you November 9th if that is convenient with you. The purpose of the telephone call is to get your complete side of the story. After all, I am still your representative, and I’m not sure that all the information I’m getting is accurate. That is the reason for the call, so you can tell me your side of the story. Please let me know what would be a good time to call and the number please.

  12. admin says:

    From: joelle miller
    Date: Tue, Sep 25, 2012 at 9:05 PM
    Subject: Re: SC123875
    To: “Meek, William”
    Cc: “Cacace, Don” , “Wells, Phil” , “Lembke, Bob” , “Allen, Herb” , “Smith, Steve” , “Ponds, Scott” , Ethan Gibson , Pete , “Burger, Art” , Barry Meinster , Terry Miller , “Meek, William”

    Mr. Meek,

    We have provided complete, accurate and truthful information from the beginning and which I have linked below. Please take the time to read it. Upon our receipt of the photos and documents promised by Mr. Wells, including a list of all other owners who received similar notification, we will be happy to arrange a phone call.

    Code Violation Information and Documentation
    http://mountain-side.com/owners/?page_id=189
    http://mountain-side.com/docs/hoa_documents/HOA_Violation_citation_317_206_279.pdf

    Unlawful Entries by the Mountain Side HOA
    http://mountain-side.com/owners/?page_id=87
    http://mountain-side.com/docs/hoa_documents/Police_report_02_03_2012.pdf

    Thank you.
    Joelle and Terry Miller

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